5194674 - Mitigation Agreement: Pines/Mansfield
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5194674
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93l24/2@65 63: 09R
RETURN ADDRESS 0U! t51 4L CI' r.f S'OK~ rl: !2/,)a Spokane Co, WR
City of Spokane Valley
11707 E. Sprague Ave
Spokane Valley, WA 99206
Attn: Chris Bainbridge, City Clerk
Please Tvpe or Print Neatly & Clearlv All Information
Document Title(s): Mitigation Agreement SR 27 (Pines Road) Mansfield Road Construction Project
Reference Number(s) of Related Documents
Grantor(s) (Last nfamQ, Flrst 8 Middle Initial)
Develaper. A 8, A Construction & Developmont, Inc.
Grantee(s) (Last Name, First & Middle Initial)
Mitigation Agreement with Developer noted above and City of Spokane Valley
Legal DeSCI'IptlOn (A.bbrevi2ted form is acceplable) i.e. Section/TownshiplRangeiSf4 SeCtion
Certain real propErty generally located within the SR 27 (Pines Road) and Mansfield Road corridor north
of Interstate 90:
45103.0205 Assessor's PL 6 B4-5
45103.0206 Assessor's PL 6 66
45103.0208 Assessor's PL 6 W112 67
Assessor's Tax Parcel ID Number: see above
7he County Auditor witl rely on the information provided on this form. The Steff will not read the docriment to verify the Accuracy or
completeness of the indoxing information provided herein.
Sign below only if your document is Non-Standard.
I am requesting an emergency non-standard recording for an additionel fee as provided in RCW 36.18.010. I understand that the
reoording processing requirements may cover up or otherwise obsaure some parts of ihe text of the orig(nal document. Fee for non-
standard nrooessing is 550.
(sigifature ot Requesting Party
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5194674
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0.V24l2095 93: 09P
GO! t , tst {1, uI f~ S K RL• t fai. 39 Spokane Co, WA MITIGA7'lUN AGRTEMENT
SR 27 (YINES ROA.t)) / MANSF:LEI..D ROAD COr'STRUCT.CON YRO,TFC"C
Th.is Mitigation Agreement ("Ag-reement") is entereci into by and behwcen A&. A
Construction & 17evelopment, lnc. ("Iaeveloper"); a Washington Corporation, having
offices for the transac;tion of business at 202 L. Trent Avcnue, Suite 400, Spokane,
Washington 99202, and the City of Spokane Valley ("City"), a polilical subdivisian of the
State of Washinglon, hereinailer jointly refcrrcd la as "1'arties":
RECITALS
l. The City, in eooperation with Spokane County and the Washington State
Deparlment of Transportation, is plauning to design and construct improvements to ttie .
SR 27 (Pines R.oad) and Mansfielci Road comdor with Transportation Partnersli_ip
1'rogam (TPP) grant funds froin the Transportation Impmvement Board (TTEi) and
Congeslion ManagcmentlA_i_r Quality (CMAQ) grant f'unds from the Spokane 1Zcgional
1"ransportadon Council (SRTC). The name of the prpject is the Pines/Mansfield Carridor
Congestion Relief Project ("Yrojecr') and thc purpose of this project is to alleviate
existin ; and future traffic congestion in this area.
The Project will reconfigure the W13 ramps of I-90 at SR-27 (Pines Rd.), usuig the
existing slip ramps to Indiana Ave. and Montgomery Ave. NV13 of(=ramp traffic will use
the slip ramp to a sigoalized intersection at Indiana Ave. WB on-ramp traffic will use the
slip ramp at Manlgomery Ave. To iuiprove operation of the W13 on-ramp and ensure
safety, the portion of Montgomery Ave. between Pines Rti. and the slip ramp vvill be one-
way, westbound only. Therefore, to provide access to Pines Rd. for the properties west
of Pines Rd., Mansfield Ave. will be improved, with a tra H'ic signal at the intersection of
Mansfield Ave. & Yines Rd. Curb; gulter, sidewalks and bik.e lanes will also be
constructed. In addition; a signal will be installed at the Mirabeau PkNvy &Pines Rd.
intersection to bring t.his intersection up to an acceptable lcvel aF service.
2. The Developer is the owncr/developer of certain real property generally located
within the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally
described in Exhibit "A" ("ProPerty").
3. The Developer is developing the Property for residential and/Ur comincrcial uses
(tlie "L7evelopment") Nvhich will uicrcase lraffic congestion and directly impact existing
transportation in.frastructure along the Pines/Mansfield camdor from and including the
on- and off-r•amPs at 1-90. Mitigafion of these impacts will be requircd as part of the
development of said property.
4. The Parties are desirous of entering into an Agreement which providcs for the
payment of a propnrtionate share of the Project ui consideration for the allor,ation of a
speci.fied ntunber of P.M. Peak Nour trips and mitigation of traFfic unpacts a..~sUCiated
with the Development.
• A&A Consta7action & Dc )pment, Inc., Miti;ation Agrec;ment
PincsJMansfield Road Construction Project Page 2 of 6
a
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5. "I'he Developer recognires the neeci tU improvc the traffic congestian in the m 3
Fines/Mansreld corridor and has agreed to finajicially participate in the Project by (OC"
contributing apro-rata share c~f'the reyuired lUCal matching Cunds. Thc Developer's pro- ~ ~ ti
~ acux
rata share is based nn the total number of trips Previously estimated for the Development. 0~
6. Yursuant to RCW 43.21C.060, and RCW 82.02.020, the City has the aulhority to
allow a payment to mitigale a direct impact that has been ideiitified as a consequencc of a ~
proposed development. The City (1) has identified Future road projects necessitated by
planned development in certain areas of the City; and (2) has idenlified a reasonable _
relationship bitween impacts generated by the Iaevelopmcnt to the transportation system
and the financial contribution toward those impacts.
~
7. To mitigaie the direct impacts of the 17evelopment upon existing transporlafion '
4.
facilities, the Parties are voluntarily entering into this Agreemcnt pursuant to RCW
82.02.020.
8. lt is intencled that this Agreement provide funds in order to nvtigatc the direct d
trdffic-relatcd impacts of the Development upon the environment which have been __J
identified through the SEPA review process and doctuncnted in the City File No. R:EZ- =
06-04.
AGFtEF1VIENT
'NIOW, I°HER.FFOIZE, in cqnsideration of the mutual covenants and conclitions hereatier
set forth, the Developer and the City hereto agree as tbllows:
l. Voluntarv ALTreement. This tlgreement, including all attached ciocuments; is a
voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees
chaxged herein are proportional to the traff'ie-relatcd impacts generated by the
17evclopment. The parties acknowlcdge that the capital project is rea.sonably
ilecessary to mitigate the direct trafiic impact of the Development. Tn the event this
miCigation agreement is detecrn.ined by a court to be null and void the City shall
refund the unexpcnded portion of mitigation fces. FollowinD a termination of this
. astreemenl the Dcveloper shall, as reasonably required, mitigate the direct traffc
impacts of the Developmenl through the State Envi.ronmental 1'olicy Act.
2. Proiect Funds. The Project is being fundecl from several sources including, the
Washington Statc Departnient of Transportation (WSTaO"C), the TIB, lhe S1ZTC, the
City; and private dcvelopers. Funds from WSllUT, TiB, SK1'C ancl the City have
been obligated. See "Exhibit B".
P:1PUDlic warksSCepim! fhnjcr.t~SPir.erMansfc~S~AtiiF~tion AR+cemeecs1rtitigNinn ASramc:ns5MfilGAT1Oh ACRF,tNENT A& A Conn.,dae
. ~
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A&A Cnnstruction &[at )pment Inc., vlitigatinn Agreement
Pines/Mansfield Roai1 Consf,ructian Froject Paae 3 af C ~Oun.43
3. Mitiaation Fee. The Developer shall pay $E0,38$ ($303.46 per P.M. C'eal: Hour trip),
which has been detemvnetl to bE the Developer's contribution to the F'rojcct for U)°-
mitigation of future traffic impacts relateci to the Development. This traffie Q,
mitigation fee shall be expended towards the design, right-of way acquisitian, and
construcfion of the Projcct.
4. Pavmcnt To begin the design of the Aroject, tbe Developer agrees to pay all, Ur at
lcast 20% of its mitigation iee no later than February 25, 2005. A letter of credit,
savings a.ssignment, set-aside letler, or other apprapriatc mechanism that gives the
City a unilateral riglit to access lhe funds pursuanl to this agreement from a fuancial ~
institulion shall also be provided to the City no later than February 25, 2005 for the ~
remaining KO°/u of the Developer's mitigation fee. The remaining $0% of the ~
Developer's nutigation fee shall be collected by the City no later than 90-days prior to ~
the Project bid date for construction. "1"hc City will notify the Developer of the ~
Project bid date when it is determined. All fiees paid by the Developer shall be used as ~
aportion of the local match required for che TlB and STZ'fC grants related to the ~
design; right-of way acquisition, and constructian nf the Project.
5. Site Develonment. Building permits will be issueci for the Iaevelopment when 1) this
agreement has been executed by the Developer and the City, and 2) the Iaeveloper's
mitigation fees have been paid iu acc;ardance "ith Section 4 above, and 3) all ather
conditions of approval of the Developmcnt required by state and local laws are
satisfied.
Execution of this agreement rcleases the Developer from the rcyuiremenl of
canstructinb frontage improvements on lhe Property, pravided said frontage
improvements are included in the ProjccL If frontage improvements are not included
in the Project, the Developer is responsible for canstructing frontage imprnvements ui
addition to paying the mitigati4n fees.
6. Compliance with RCW $2.02.020. Payment c;ollected by the City will be held in a
nutigation fee reserve account and may ocily be expended to fund the design, right-of-
way acquisition, and construction of the Project. Payments shall be eYpended within
five years of collection. "1'he City shall be entilled to rei.mbursement fram the
mitigation fee reserve account for any funds it may expend for the design, right-of-
way acquisition, aild constructian of the Projcct prior to the collection of the fee. Any
funds in the initigation fee reserve accounl not eapended VOithin five years shall be
refunded by thc City with interest as provided in RC1V 82.02.020.
7. Committed P.M. Peak :liour Trins. The City agrees to reserve within the Project
up to a total of 199 P.M. 1'eak. Haur trips for ttie f'raperty until the T)evelopment is
complete pravided such reservation complics with all federal, statc and local laNvs at
the time application for a building permit is made. "Completc" is defined as having
received all governmental permits and approvals necessary to construct anci
pennanenily occupy the Iaevelopment. If lhe total number of P.M. Peal: Hour trips for
the 17evelopment exceeds the lata] nwnber of reserveci trips noted above, a new traffic
stucly shall be provided to determine if additional traffic miligation is required.
p:V'ub}ic U'or4;D'Csyital fk~XtAs'J'ixsMarr',fltld4~tu~acinp Ay[emenWMiligatiws Ageemems1h1777GAflpN .0.CRRL• II_A1EV7' A fi A Contt.Aw;
t. . ?Ac~A Construction & Ut )pment, Inc., vlitigation Agreernent . GM
Pines/Mansfield Road Construetion Project I'agc 4 of 6 0~
Coneurrenev: Tn acr,ordance with thc Cily's adopted concurreney standards pursuant
C) a, cu ~
to RCW 36.70A, tFie P.M. Peak Hour trips mitigated herein shall be considered ln ~
have satisfied ct~nctirrency for the Project from lhe llevelopment as provided in
parag-aph 7. Any remaiiung capacity shall be available to the general public. ~
9. Notice: All communications, noticcs az dcn,ands of any kind which a party under 4)1
t:bis Agreement is required or desires to give to any other party shall be in writing and
be either (1) delivereci personally, (2) sent by Tacsimile transm.ission with an ~
additional copy mailed first cla-gs, or (3) deposiked in the U.S. mail, certified mail
postage prepaid; return receipt requesled and addressed as follows: ~
~
If t4 the City: City of Spokane Va11ey ~
11707 E. Sprague Ave., Suite 106
Spakanc Valley; VdA 99206 "
~
Fax: (509) 921-1008 ~
Attn: City Manager §
J
lf tn the Developer: Christophee nshenbrener
A& A Consiruction & Development, lnc.
202 F. 7`rent Avenue, Suite 400
Spokane, VdA 99202
10. Successors. Ttus Agreement shdll be binding ou and inure to the beneCt of the
successors and the a.ssigns ofthe Partics.
] 1. Gc►verning Law. Ihis Agreement shall be construed in accordancc with the laws of
the State of Washington. Any action for enforcemcnt of this Agreement shall be
brought in a court of competcnt jurisdietion in Spokane Caunry, Washington or as
othervr,ise provided by statute.
12. Modifications. Nlo modification or amendment of this Agreement shall be valici until
the same is reduced to vvriting and executed Nvith the same formalities as the present
Agreement.
13. Waivcr. Na officer, employee, agent or other,,vise of the City has the power, right or
authority to waive any of the conditions or provisions to this Agreement. No waiver
or any breach of this Agreement sha11 be held ta be a waiver of any otlier ur
subsequent hreach.
14. Renresentation. This Agreement forms a fully integratcd agrecment betwecn lhe
Parties. No other uncierstandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to cxist or to bind any of the Yarties hereto. This
agrecment shall meet the mitigation requirements for direct traf_fic-related impacts of
the Development wit.hin lhe Project limits as described in the Pmject description in
Section 1 of the R.ecitals and as idcntif ed and documented in the City File(s)
P:1Puhlie K'u"Caritd PmjatxlPincs-NnnsfioldU.litigatinn Ayu¢nemsSMitp;etion AgonaerES:NITi('iATIOX AC3UiE1.iEN7 A.C A Caar..dx
t; .)'ARA Construction & D. apment, Inc., Mitigation Agreement
Pines/Mansiield Rnad Constniction Project Page 5 of 6
referenced itl Section 8 of the Recitals. This agreemenl shall not supersede any other
conditions af approval not directly related ta tTaffic-relaced impacis of the
Development within the Project limits.
All Parties have read and undcrstand all of'lhe Agreement, and now state that na
represcntation, prom.ise or agreemenc not expressed in tlie Agrecment ha.s been made
ta induc;e any Party to execute the same.
15. Authoritv. Both Parties to this Agreement represent and certify that they have full
authority and pawer la euter into and carry out this Agrecment. The persons signing
this Agreemcnt represent that they have authority to act for and bind their respective
pri.ncipals.
• 5194674
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63/24t2685 93 I9P
w! 'wi 4, cI-Y iF vam is Spokme Co, UA
P:W+bQie w'arls'd',tyital PmjeASlPixs.M~asfidd' ~4iii~;aiiao Ag,~.._...s~Miligation Agrp;mcntxV.11'I'IGA190N AGREI?A1E,'Yf A fi A Cnnst_dne
A&A Construction & L), opment, lnc., Mitigation Agreemcnt ~t:, 3
Pines/Mansfield Road Construetion Project Page 6 of G
tC^
IN V~~ITNLSS WH.FREOF, the Parties have executed this Agreemenl this Af''~tay of o
~g~ 2005. U.)a m ~
~
DEVELQPER: 'v
t1 & A Construction & Dcvelopment; Inc. -
~
By. ~ I t5:
;Name:
~
r
~
S'1'ATE OF WASHTNGTON ) W
) ss. W
Caunty UF Spokane
On this day of 2005 beforc me; the
undersipcd, a Nofary Nubli 'n.+and for State of ~V-Ashington, duly eommissir~ned and
s~ orn, pe~r~saeared C~S ~~~''(,P•t1P.~ to me kno~m to be the
~ of the
corp raiion that executed lhe oregoing i_astrument, and acl:nowledgeri the instniment to be
the free and volunfary act and deed of the corppration, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute the instrument. .
WITNESS my hand and official seal hereto affixed the day and year in this
certificate abow%A4'4$tllll,*,
1 H.
NOI~AR PUB: IC,~n and ff~r the State r~f
Wash.ingtc~ , esiding at
~ilaL~G
My commissi~.~1I~P c,~n expires:
~~~iWAI~rinted Namc ~
C1TY OF S~'UKANE VALLEY:
.
~
David ~~Iercier, City Manager
A_ L-T- : AP q AS ~'ORM:
Chris Bainbri ge, City Glcr: i ~riskell, ury Cit}%~tlorney
J
P.'V'uEC'ic Werks',Crpitnl l'rujec~sU'ixrA/a~fir]AL~4it~tino /~_~.,..i\tit~ztioe Agteemcn~dQ.9TIC.ATIU:1 AGR,FF~1E~ I' A ~Q p C~no_Joc
Exhibit "A"
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1
Mansfield
~ 45103.0205 -35103.020fiFi5103.020$
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0
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Indiana
45103.0205
ASSESSORS PL 6 64-5 5194674
45103.0206 Page : 8 of 9
ASSESSORS PL 6 86 03/24/2885 63: 0SP
45103.0208 uOJ.'UtE J?, GI I JF 'OKH t.6 S2.. 39 SpokAne Co, WR
ASSESSORS PL 6 W1l2 87
EXhibit'8'
< ` • ,
Pines/Mansfield Cost Estimate
PE ROW Construction Totals
City Portion - Mansfield Ave. (34ane Section)
Prel"uninary Engineering $75,622
Soils Invesfigation $15,000
Right-of-way $600,D00
Pmject Signing $2,000
Contingenaes - 10'0J6 $75,622
Construdion Engineering - 1096 $75,622
Construcfion - 10% $756,220
EnvironmentabMisc. Enq $16,393
Subtotats $107,015 $600,000 $309,464 $1,618;479
WSDOT Portion
I?esign Engineering $200,000
Right-ofAvay (Eudid) $25,000
ROW - Pines $100,000
Construction $1,570,464 '
Contingencies S65,745
Safes Tau - 8.196 $123,158
ConsUucfion Engineering 1696 $262,979
Subtotals $200,000 $125,000 $ 2,022,345_O0 S2_347.,J46
TOTAL $307,015 $725,000 $2,931,810 $3,963,825
' Added $50,000 per ravised est(mate from UVSDOT for addilional flagging required at RR crossing.
71B $ 2,193,561 5596
Developers $ 499,795 1396
City $ 55,000 196
WSDOT $ 55,000 1 °!a
CMAQ $ 1,160,500 29%
7otal $ 3,963,855 10096
5194674
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6G1F iWE,.T, CI 'Y )F 5'VK,- F b c 0. w Spokane Co, µR